Windsor Sidewalks Not Streets Are Paved In Gold

In Windsor, it is the sidewalks not the streets that are paved in gold.

I read an interesting report that was presented to Council recently. I suggest that every Litigator in Windsor read it also. If this does not get you increased settlements and punitive damages awards for your clients then something is wrong with the legal system.

Oh and make sure that you subpoena the Mayor as the only full-time member of Council to explain what is happening here and why better action was not taken.

Here is what I wrote before:

• "Read what Councillor Lewenza said in a Star story recently ["Trip, fall claims soar as sidewalks crumble] about all of the litigation because of cracks in the sidewalks:
  
  "But it's difficult to strike a balance between spending money on such projects and holding the line on taxes. Coun. Ken Lewenza said it's easy to come up with a tax freeze when infrastructure projects like sidewalk repairs are ignored. "We can always come in at zero -- it'll come at the expense of sidewalks."
  
  Given that "The claims filed against the city over the last several years have increased dramatically....203 trip and fall claims over the last five years," it seems like a false economy...
  
  "About $650,000 has been set aside this year to repair some of the worst sidewalks in Windsor. But it's not enough.
  
  "We should be spending in the order of $1.25 million," Palanacki said...
  
  Windsor has about 850 kilometres of sidewalks, and "funding in this program needs to be increased ... from a risk management point of view," the capital works report says...
  
  Palanacki said the average lifespan of sidewalks is 40 years "and a lot of our sidewalks are beyond the 40 years."
  
  They're cracked. They're crumbling. They've become a menace, especially to senior citizens."

In the report we learn that:

• 23% of sidewalks are deficient
• $5M is needed for sidewalks in need of immediate replacement
• in past years "drive-by" inspections were taken but in 2005 a more comprehensive inspection was undertaken
• a minimum anual investment of $1.65m was needed in sidewalk rehabilitation
• sidewalk maintenance and rehabilitation ranged from $715K to $1.1M
• traditionally the sidewalk rehabilitation program has been underfunded

It is pretty clear that there has been neglect of sidewalks and of proper inspection of them. Such a systemic failure over a considerable number of years can lead to major claims against the City and more costs for taxpayers since my understanding is that there is a big deductible.

Now I have a vested interest in this because of my fall at City Hall almost 18 months ago... yes I am still in physio and still in pain. I even had to go to London, twice, for an opinion about the extent of my injuries and recovery. However, I feel better now thinking of what questions I can ask the Mayor on the stand.